Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. - U.S. and Canadian Immigration and Nationality Law Newsletter and Updates.
In This Issue:

UPCOMING
NPZ EVENT:

HR Indiana 2017: NEW I-9 FORM AND IMMIGRATION ENFORCEMENT DURING THE TRUMP ERA

Location:

Indiana Convention Center
JW Marriott
10s West Street
Indianapolis, IN 46204

Date: 
August 30th, 2017

Time: 
8:15 AM - 9:30 AM CT 

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . .
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(This office provides "on the ground" services to our Indian clients such as India Divorce, India Real Estate Purchase and Sale, Business Sale Purchase, Adoption, Litigation and High Court Complaints)
Dear Readers:

Some summer U.S. immigration law highlights include: (1) a new I-9 Form, Employment Eligibility Verification; (2) a new I-485, Adjustment of Status Application Form (now about 18 pages long); (3) a recent Massachussett's High Court declaration that immigration detainers are unenforceable; (4)  that TPS for Haiti has been extended for only 6 months; (5) that there seems to be support in Congress for Dreamers (also DACA-ians); and (6) Immigration Court Backlogs are growing and grants of "Prosecutorial Discretion" are slowing. Each one of these "hot" summer items is not really surprising given the Trump's recent initiatives in the U.S. immigration law arena. 

While support for the Dreamers may seem counter-intuitive, it actually makes sense. As the NPZ Law Group's immigration and nationality lawyers have always said, the watchword of political success is "moderation". The Trump Administration has shown little of this very important political characteristic lately. As a result, President Trump's approval ratings are likely to continue to fall. 

Secretary John Kelly's appointment as the White House Chief of Staff is likely to leave a "critical gap" at the U.S. Department of Homeland Security in predictability (although some are predicting "dark forces" to be at play) for the future of the U.S. immigration and nationality laws. This past week's re-boot of the White House staff (and the current Administration) - following its mid-summer "roller coaster ride" - will leave us to better address what the future for U.S. immigration law may hold. 

We remind our loyal readers that the Nachman Phulwani Zimovcak (NPZ) Law Group has U.S. immigration lawyers and immigration specialists who assist immigration and nationality clients across the country (and internationally) with business, family, investor, and other U.S. immigration-related matters. Please let us know if we can assist you, your colleagues, your friends or the members of your family.

Please feel free to contact us by e-mail at  or by calling us at 201-670-0006 (x107). Check out the
NPZ Law Group Website.   
On July 24 th , 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it will resume premium processing for certain cap-exempt H-1B petitions effective immediately. The H-1B visa has an annual cap of 65,000 visas each fiscal year. Additionally, there is an annual "master's cap" of 20,000 petitions filed for beneficiaries with a U.S. master's degree or higher.  
 
Premium processing will resume for petitions that may be exempt from the cap if the H-1B petitioner is: 
 
* An institution of higher education;
 
* A nonprofit related to or affiliated with an institution of higher education; or
 
* A nonprofit research or governmental research organization.
 
Starting July 24 th , those cap-exempt petitioners who are eligible for premium processing can file Form I-907, Request for Premium Processing Service for Form I-129, Petition for a Nonimmigrant Worker. Form I-907 can be filed together with an H-1B petition or separately for a pending H-1B petition.
 
FOR MORE INFORMATION, PLEASE CLICK HERE . . .
On July 17 th , the USCIS released a revised version of Form I-9, Employment Eligibility Verification Form. Employers will be able to use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through September 17th. On September 18th, employers must use the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.
 
Form I-9 is used for verifying the identity and employment authorization of all individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.
 
B-1/B-2 UPDATE: SPECIAL INSTRUCTIONS FOR B-1/B-2 VISITORS WHO WANT TO ENROLL IN SCHOOL.
Is it permissible to enroll in school while in B-1/B-2 status?
 
No, it is not. The regulations, at 8 CFR 214.2(b)(7), specifically prohibit a course of study in the United States while in B-1 or B-2 status.
 
Before enrolling in a course of study, individuals who are in B-1 or B-2 status must first acquire F-1 (academic student) or M-1 (vocational student) status.  Enrolling in a course of study while in B-1/B-2 status will result in a status violation.  Individuals in B-1 or B-2 status, who have violated their nonimmigrant status by enrolling in a course of study, are not eligible to extend their B status or change to F-1 or M-1 status. These regulations provide no exceptions.
 
To change your nonimmigrant status from B-1 or B-2 to F-1 or M-1, you must file a Form I-539, Application to Extend/Change Nonimmigrant Status and include the required fee and documents listed in the instructions.
 
TO READ MORE, PLEASE CLICK HERE . . . 
U.S. VISA ALTERNATIVES: WHAT TYPES OF ACADEMIC VISAS ARE AVAILABLE? 
United States immigration polices are often complex and can be very confusing. If you are an international student who is looking to come to the United States to study or work, there are several different academic visas that you might be able to obtain.

It is important that you are aware of the specific regulations and stipulations associated with each visa type. The breadth, depth and scope of some of the rules and regulations associated with some of the visas can be overwhelming. The entire application process can sometimes take long amounts of time and require a lot of different paperwork and diligence on your part.
 
TO READ MORE, PLEASE CLICK HERE . . . 
B-1 VISA FOR BUSINESS VISITORS: PERMISSIBLE ACTIVITIES - PART I.
The B-1 nonimmigrant classification (including admissions under the Visa Waiver Program) is appropriate for foreign nationals who are entering the US on a temporary, limited basis to engage in legitimate business activities provided that they are not receiving remuneration from a U.S. source except for reimbursement for expenses while in the US.

The Department of State (DOS) regulations define "business" as "conventions, conferences, consultations, and other legitimate activities of a commercial or professional nature" but not local employment or labor for hire. The DOS' Foreign Affairs Manual (FAM) further specifies activities, such as engaging in commercial transactions, contract negotiations, and litigation.
 
NATIONALITY LAW UPDATE: USCIS POLICY ALERT ON THE BIOMETRICS REQUIREMENT FOR NATURALIZATION.
USCIS updated its policy guidance in the USCIS Policy Manual to specify that every naturalization applicant must provide biometrics regardless of age, unless the applicant qualifies for a fingerprint waiver due to certain medical conditions. Guidance is effective 7/26/17. 
 
Policy Highlights: (1) Explains that all applicants for naturalization must be fingerprinted regardless of age, except for those who qualify for a fingerprint waiver due to certain medical conditions; and (2) Affirms that USCIS provides accommodations to meet biometrics requirements for certain applicants who are unable to attend an appointment, to include applicants with disabilities or those who are home-bound or hospitalized.
 
DOS VISA BULLETIN UPDATE: VISA BULLETIN FOR AUGUST 2017 - IF YOUR "PRIORITY DATE" IS CURRENT PLEASE LET US KNOW?  
EB-1 China and India. A final action date of January 1st, 2012, which was imposed for EB-1 China and EB-1 India in June, remains for August and is expected to hold through the end of this fiscal year.

EB-2 Worldwide. A final action date of April 1st, 2015, will be imposed for EB-2 Worldwide in August. This date is likely to remain the same for September, but there is a possibility that it may retrogress further. However, DOS is confident that this category will become current again at the start of the new fiscal year on October 1st, 2017.  
 


CANADA IMMIGRATION UPDATES FROM NPZ'S CLG.

THE CANADA CORNER: NPZ Law Group's Canadian Law Group Managing Lawyer, Veronique Malka.  
On June 8th, 2017, our Canadian Law Group's managing lawyer, Veronique Malka, a member of the Executive of the Canadian Bar Association, spoke to an audience of immigration lawyers in Toronto, at the Ontario Bar Association.  The Topic was the hot button issue of navigating the U.S. - Canada border in the era of Trump and Trudeau.  She was joined by a panel of seasoned cross-border immigration experts on the subject.  The discussion concerned key issues such as the future of the North American Free Trade Agreement (NAFTA), what is actually happening at the U.S. and Canadian borders, President Trump's Executive Orders, and upcoming other immigration legal changes in the United States.

NPZ ASSISTS THE GREATER BRAZILIAN COMMUNITY - OUR STAFF SPEAKS PORTUGUESE AND MANY OTHER LANGUAGES.

Quais são os tipos de visto acadêmico disponíveis?

As políticas de imigração dos Estados Unidos costumam ser complexas e podem ser muito confusas. Para um estudante estrangeiro que deseja estudar ou trabalhar nos EUA há vários vistos acadêmicos diferentes que podem se enquadrar no seu caso. 
 
Como um empregador pode obter uma certificação permanente de trabalho para ser autorizado a contratar funcionários estrangeiros nos EUA?
 
Empregadores que querem contratar profissionais estrangeiros para trabalharem permanentemente nos Estados Unidos precisam obter uma certificação permanente de trabalho (PERM, na sigla em inglês) por meio do Departamento de Trabalho dos EUA. Essa certificação pode ajudar os empregadores americanos a preencher posições abertas, além de trazer para os EUA estrangeiros que estão buscando novas oportunidades. O processo da PERM é multifacetado e um advogado de imigração experiente pode ser essencial para os empregadores que apresentam e recebem uma certificação, assim como para os trabalhadores estrangeiros obterem o green card. 


CHECKOUT VISASERVE'S REGULARLY UPDATED YOUTUBE VIDEO LIBRARY (SOME SELECTIONS BELOW) ABOUT U.S. AND CANADIAN IMMIGRATION LAWS:

"IMMIGRATION NEWS AND VIEWS" - NPZ'S NEW PRACTICAL SERIES ON YOUTUBE ABOUT VARIOUS U.S. AND CANADIAN IMMIGRATION LAW ISSUES.

Check us out at . . .

 
IIFA 2017 GREEN CARPET - METLIFE Stadium in New Jersey Rocks with IIFA 2017 - Check out David Nachman's Green Carpet Interview. David Nachman, Esq., is one of the Managing Attorneys at the Immigration and Nationality Law Firm at Nachman, Phulwani, Zimovcak (NPZ) Law Group, P.C. 
 
 

David H. Nachman, Esq., Managing Attorney at the Immigration and Nationality Law Offices of NPZ Law Group, are pleased to have been able to walk the green carpet at IIFA 2017 and to have assisted the stars and performers to come from all over the world for this incredible and star-studded event in MetLife Stadium in the middle of July, 2017. It continues to give us great pleasure to support the Bollywood Community!  
 
IIFA PRESS CONFERENCE 2017 - New York City - NPZ Law Group, P.C. - Immigration Law. Michael Phulwani, Esq., one of the Managing Attorneys at the NPZ Law Group receives a special award.   
 
 

Congrats Michael Phulwani, Esq. on your recognition at IIFA 2017. IIFA recognizes Michael Phulwani, Esq., one of the Managing Partners at the immigration and nationality law offices of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. for his many years of contributions to Bollywood!